O'NEIL v. Swan

Plaintiff, Albert Thomas O’Neil, Sr., appeals from an order of the district court dismissing his complaint with prejudice for failure to state a claim upon which relief can be granted. We affirm.

In 1965, plaintiff’s wife, now deceased, commenced a divorce action against him in which one of the hotly contested issues was the custody of the parties’ son, then about 10 years of age. The trial court in that case appointed defendant Arthur R. Swan guardian ad litem for the purpose of representing the child’s interests and recommending what action by the court would best serve the child’s…